Pre-lien Notice / Notice to Owner - Arkansas

ARKANSAS TEN-DAY NOTICE BEFORE FILING LIEN

Ark. Code Ann. § 18-44-114

Use this form only for the notice required by § 18-44-114 before filing a lien. It is not the separate residential or commercial notice governed by § 18-44-115, is not a contract amendment, and does not create a payment cure period or an owner default.

Section 18-44-114 requires every person seeking the benefit of the construction-lien subchapter to give the owner ten days' notice before filing the lien. The notice must state that the claimant holds a claim against the building or improvement, the amount of the claim, and from whom the amount is due.

1. Notice

Date of notice: [__/__/____]

To — owner of the building or improvement:

Name: [________________________________]

Address: [________________________________]

[________________________________]

Claimant: [________________________________]

Claimant address: [________________________________]

[________________________________]

Building or improvement against which the claim is held:

Project/property address: [________________________________]

County: [________________________________], Arkansas

Additional description, if needed to identify the building or improvement:

[____________________________________________________________]

Amount of claim: $[________________________________]

The amount is due from: [NAME OF PERSON OR ENTITY]

Basis of claim: [BRIEF DESCRIPTION OF LABOR, SERVICES, MATERIAL, OR OTHER LIEN-ELIGIBLE CONTRIBUTION]

NOTICE OF CLAIM AND INTENT TO FILE LIEN

The undersigned gives notice that the claimant holds a claim in the amount of $[AMOUNT], due from [PERSON OR ENTITY FROM WHOM DUE], against the building or improvement identified above.

The claimant intends to file a lien concerning this claim after the notice period required by Ark. Code Ann. § 18-44-114 has elapsed, subject to all other applicable Arkansas requirements and deadlines.

Claimant: [________________________________]

By: ____________________________________

Printed name/title: [________________________________]

Date: [__/__/____]

2. Select a Statutory Service Method

Section 18-44-114(b)(1) permits service by:

• an officer authorized to serve process in a civil action;
• a person who would be a competent witness;
• mail addressed to the person to be served, with return receipt requested and delivery restricted to the addressee or the addressee's agent; or
• a means that provides written, third-party verification of delivery at a place where the owner maintains an office, conducts business, or resides.

Selected method:

☐ Authorized officer

☐ Competent witness

☐ Return-receipt mail with restricted delivery

☐ Written, third-party-verified delivery at an authorized location

Date served or mailed: [__/__/____]

Tracking, receipt, or reference number: [________________________________]

Delivery address: [________________________________]

3. Proof of Service

A. Officer's Return

If served by an authorized officer, retain the officer's official return endorsed on the notice.

B. Affidavit of Person Serving

If served by another person, § 18-44-114(b)(2)(A)(ii) requires the fact of service to be verified by that person's affidavit.

STATE OF [________________]
COUNTY OF [________________]

I, [NAME], state under oath that I served a true copy of this notice on [OWNER] at [PLACE] by [METHOD] on [DATE].

Signature: ____________________________________

Subscribed and sworn before me on [__/__/____].

Notary public: ____________________________________

My commission expires: [__/__/____]

C. Mail Record

When notice is served by mail, § 18-44-114 provides that service is complete when mailed. Retain one of the statutory proofs:

☐ Return receipt signed by the addressee or the addressee's agent

☐ Returned envelope or postal document showing refusal or that the item was unclaimed

☐ Postal employee affidavit showing refusal or that the item was unclaimed

If delivery is refused or the item is unclaimed:

☐ Immediately sent the owner another copy by first-class mail on [__/__/____]

☐ Retained the unopened original marked refused or unclaimed by the United States Postal Service

4. Final Check

☐ Correct owner identified

☐ Claim stated against the building or improvement

☐ Amount stated

☐ Person or entity from whom the amount is due stated

☐ Statutory service method selected

☐ Required proof of service retained

☐ Refused/unclaimed-mail follow-up completed, if applicable

☐ Counsel confirmed that ten days will elapse before filing

☐ Counsel separately verified every other applicable notice, filing, licensing, and enforcement requirement

Official Sources

• Arkansas Code Search — official public access provided by the Bureau of Legislative Research — search for § 18-44-114
• Act 454 of 2009, § 3 — official Arkansas General Assembly enacted text